Terms of Use

Terms of Use

Last Updated (Effective Date): 15 October 2021

The following Terms of Use (Terms, Terms of Use) apply to your use of the EZICHEQ Limited subscription-based asset tagging service (the Service) and/or your use of the websites under the ezicheq.com Internet domain name (https://ezicheq.com, https://developer.ezicheq.com, https://api.ezicheq.com, and possibly others ending in ezicheq.com) (the Website) operated by EZICHEQ Limited (Us, We, Our, Ourselves).

These Terms apply to all visitors to the Website whether subscribed or not (You, Your, Yourself) who use the Service and/or access the Website.

Please read these Terms carefully before using the Service or accessing the Website. By using the Service or accessing the Website, You indicate that You have read, accepted, and agreed to be bound by these Terms. If You disagree with any part of these Terms than You may not use the Service nor access the Website.

We may amend these Terms of Use in whole or in part from time to time. Amendments will be effective immediately when they are posted to the Website. You are responsible for ensuring You remain familiar with the latest Terms of Use. By continued use of the Service or Website, You agree to be bound by the Terms of Use as amended.

Purchases

When You purchase goods and/or services through the Website You warrant that You are at least 18 years of age, that You have the power to enter into this Agreement and You acknowledge that this Agreement creates binding and valid legal obligations upon You.

Subscription

When You sign up for the Service, the following terms apply:

  • You agree to pay the monthly subscription to use the Service. In the event of non payment of a monthly subscription we may terminate Your access to the Service and Website.
  • All stated subscription prices are in New Zealand Dollars (NZD) and exclude GST.
  • All labels which are activated at any point during a month will attract the monthly subscription charge for that month.
  • Minimum monthly subscription rates may apply.

Compliance with Laws

You represent and warrant that Your use of the Serivce and/or Website will comply with all applicable laws and regulations including but not limited to, EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”), the New Zealand Privacy Act 1993 or any other applicable laws.

Privacy Policy

Please refer to our Privacy Policy which is incorporated herein by reference.

Copyright & Trademarks

The contents of the Website are at all times the copyright or trademark property of either Ourselves, Our suppliers or linked third parties and You may not distribute, reproduce, display, publish any trademark or other content of the Website for any purpose whatsoever without the prior written approval of Us, Our suppliers or linked third parties (each as applicable). Furthermore You agree to indemnify Us against any claims, costs, damages or losses incurred by Us should You fail to comply with clause.

Advertisers & Linked Sites

The display on the Website of any advertiser or the provision of a link to third party websites does not constitute Our endorsement of either the advertiser or third party provider or any of their website content or business practices. As We do not have any control of the content of any third party websites, access to such websites is at Your sole risk and We recommend that You thoroughly review the terms of use and the Privacy policies of any third party website immediately once You access such a website.

We shall accept no liability in regards to any dealings, promotions or activities between Yourself and advertisers or third party providers.

Continuous Service

Due to the inherent nature of websites We cannot guarantee uninterrupted or continuous availability of the Website and You accept that the Website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able We shall give You advanced warning of the same. We shall accept no liability in relation to downtime of the Service or Website whether scheduled or otherwise.

Termination of Use

These terms and Your access to the Website may be terminated by Us (at Our sole discretion) at any time without notice or any requirement to give You a reason why. In the event of termination under this clause We shall have no liability to You whatsoever (including for any consequential or direct loss You may suffer).

Jurisdiction

The Website (excluding any linked third party sites) is controlled by Us from Our principal business premises in New Zealand. Our servers are located in internationally, so Your information may be transferred to, stored, or processed internationally. It can be accessed from countries around the world to the extent permitted by the Website. As each country has laws that may differ from New Zealand, by accessing the Website, You agree that the laws and statutes of New Zealand shall apply to any dealings, actions or claims arising out of, or in relation to, this agreement, or Your use of the Website, irrespective of any conflict with any laws and statutes applicable to Your country of domicile.

In addition, We or Our subcontractors may use cloud technology to store or process Personal Information, which may result in storage of data outside New Zealand. It is not practicable for Us to specify in advance which country will have jurisdiction over this type of offshore activity. All of Our subcontractors, however, are required to comply with the New Zealand Privacy Act in relation to the transfer or storage of Personal Information overseas.

You further acknowledge and agree that the filing of a claim against Us (if any) must be made in New Zealand in which Our principal business premises in New Zealand is domiciled, and that any legal proceedings will be conducted in English.

We make no representation that goods or services offered through the Website are appropriate, available or suitable for use in countries outside of New Zealand, and accessing any material or content from, or through, the Website which is illegal in Your country of domicile is strictly prohibited.

General

The failure by the either contracting party to enforce any provision of these terms shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

We shall be under no liability whatsoever to You for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by You arising out of a breach by Us of these terms (alternatively Our liability shall be limited to damages which under no circumstances shall exceed the Fee of the Services).

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.